Nursing home neglect and abuse happen quite frequently. If your loved one has experienced neglect or abuse, know that you’re not alone. That’s why we’ve designed our website to provide you valuable information that can help you understand what your legal options are against nursing homes. After checking out our website, please give us a call so that we can schedule a consultation to discuss your case. We’re here to help.
Even though neglect and abuse occur frequently, they should never be tolerated. Neglect is usually an unintentional act, where the nursing home fails to deliver a reasonable standard of care to its residents. Abuse on the other hand is an intentional act by a fellow resident or staff member with the intent to harm or injure. Whether it’s emotional or physical, both neglect and abuse should never happen.
Why sue a nursing facility for abuse?
Abuse should never occur in any nursing home. It doesn’t matter if it’s verbal, emotional or physical, it should never be accepted. Nursing homes are required by law to provide a reasonable standard of care, which includes preventing any type of abuse regardless if its resident to resident or from a staff member to a resident.
Any type of abuse can greatly affect a resident’s health. If your loved one has suffered from emotional abuse, then this will in essence affect every part of their life. They may isolate themselves and fall into a depression, causing them to not want to eat. This can lead to serious illness or even potential death.
It is the nursing home’s responsibility to ensure that residents are taken care of with regards to every aspect of their life. If a there is another resident who is prone to violence, then it is up to the nursing home to make sure that preventative measures are in place in order to prevent that member from assaulting or abusing another member. Any failure to prevent any form of abuse, will result in the nursing home being liable.
I cannot afford to sue the nursing home. What should I do?
If nursing home neglect or abuse has occurred against your loved one, it’s in theirs and your best interest to pursue legal action. The first thing you should do is to hire an attorney so that they can help you throughout the process.
When filing a lawsuit claim, you may have to pay an initial filing fee, unless you qualify for a fee waiver. You can submit an online claim through the Georgia Department of Community Health. On their site you will need to go to their division known as the Healthcare Facility Regulation. Within this division you’ll be able to file a complaint against the nursing home. You’ll be asked for your loved one’s information, the facility information, the complaint information (details of the negligence or abuse that took place), and you’ll need to include if there were any witnesses. After, you’ll be able to submit your claim.
We are Schenk Smith, your Fort Oglethorpe nursing home lawyers.
At Schenk Smith we are 100% dedicated towards helping residents who have had to deal with neglect or abuse at a nursing home. We do not practice any other form of law. Focusing solely on nursing home cases, has allowed us to gain knowledge and experience that has resulted in millions of dollars in verdicts and settlements in the last two years.
Our passion stems from our founding attorney Schenk Firm, who was a CNA in nursing homes around the state of Georgia for nearly 10 years before becoming an attorney. His passion for helping the elderly permeates throughout our firm.
When you visit our site, you’ll notice that all of our information is dedicated towards providing answers for those who are seeking legal action against negligent and abusive nursing homes. After you’ve had the chance to visit our site and check out all of our videos, podcast episodes, and our blog, please give us a call so that we can schedule a consultation to discuss your case. We can come to you regardless of where you reside. Whether you’re by the Chickamauga and Chattanooga National Military Park, Sequoyah Caverns, or the Chattanooga Zoo, we’ve got you.
Nursing Home Abuse & Neglect in Fort Oglethorpe, Georgia – What you need to know.
Fort Oglethorpe, Georgia is located in Catoosa and Walker County, and has a population of 9,613 residents. Of those residents, 20% are aged 65 and older. As with other nursing homes in the state of Georgia, neglect and abuse occurs often in their nursing homes.
Do I put my loved one at risk by reporting neglect?
It is natural for you to have a sense of fear by reporting negligence or abuse that has taken place against your loved one. This reason is usually the number one reason as to why neglect and abuse go unreported.
Unless action is taken though, neglect and abuse will continue to occur. This is why it is imperative to retain a nursing home lawyer so that they can investigate and shed light on the situation. In doing so, you’ll be able to protect your loved one.
It is much harder for neglect and abuse to take place, when someone is watching investigating, and reporting what they find. That’s why if you suspect that your loved one is being neglected or abused at their nursing home, you should speak to an attorney immediately so that they can assist you in pursuing legal action.
My loved one developed sepsis – Is the nursing home liable?
If your loved one has developed sepsis at a nursing home, you may be able to pursue legal action against the nursing home. Sepsis is often preventable, because Georgia state law requires nursing homes to use reasonable care in order to guard residents from developing sepsis and other infections.
Bedsores also referred to as pressures ulcers, and other illnesses can lead to infection, which usually becomes sepsis in its critical stages. Using catheters, IVs, and other similar instruments increases your loved one’s chances of developing sepsis. Unfortunately these conditions happen quite frequently in nursing homes.
To take preventative measures, nursing homes need to clean catheters and IVs, as well as the insertion site in the skin. Doing so and limiting the amount of times each instrument is used, helps prevent residents from developing sepsis.
If preventative measures are not taken serious and followed, then the nursing home will be held liable.
Has this nursing home been punished before?
Most nursing homes receive ratings and detailed reviews from family members of residents that have lived or currently live there, which is why asking around is a useful tactic to use. What you can also do is visit the Georgia Department of Human Services website. Here you can find valuable information on the potential nursing homes you’re looking at.
Another tool is the Nursing Home Compare website. This site compiles data on every nursing home around the country, while giving each a rating based off a 5-star system. The CMS’ Nursing Home Compare Website will show you plenty of information including:
- Number of complaints in the previous 3 years that have resulted in citations
- Federal fines in the previous 3 years
- Quality measure rating
- Health inspection rating
- Most recent health inspection date
For a free legal consultation with a Nursing Home Abuse lawyer serving Fort Oglethorpe, call (678) 823-7678
My loved one was hurt in a Fort Oglethorpe nursing home – What do I do next?
If your loved one has been hurt, abused, or has passed away at a Fort Oglethorpe, Georgia nursing home, then we recommend you act as soon as possible in order to protect your loved one’s rights.
First, report the incident to the appropriate Georgia authorities.
Georgia Department of Community Health
The Georgia Department of Community Health’s Healthcare Facility Regulation division investigates cases of neglect and abuse between residents and nursing homes. This division also regulates and certifies nursing homes in Georgia.
You can file a complaint with the Georgia Department of Community Health, Healthcare Facility Regulation online by clicking this link. Here is additional contact information:
Georgia Department of Community Health, Healthcare Facility Regulation
Complaint Hotline: (800) 878-6442
Complaint Fax: (404) 657-5731
Georgia Office of the Long-Term Care Ombudsman
The Georgia Office of the Long-Term Care Ombudsman is another option you can use to file a claim. The Ombudsman program consists of individuals dedicated to resolve cases between residents and nursing homes. They are also authorized by law to enter into nursing homes to ask questions and seek answers.
You can file a complaint with the Georgia Office of the State Long-Term Care Ombudsman online by clicking on this link. Here is additional contact information:
Northern Region – Georgia Long-Term Care Ombudsman Program
4080 Mundy Mill Road
Oakwood, GA 30566
Telephone: (770) 538-2685
Fax: (770) 538-2696
You may report physical assault or abuse to local law enforcement
If your loved one has suffered from an assault that’s taken place at their nursing homes, you should file a police report. Depending on the severity of the crime, criminal charges may be brought against the perpetrator by the District Attorney’s Office: Lookout Mountain Judicial District.
For abuse occurring in a Fort Oglethorpe, Georgia nursing home, report the crime to the Police Department of Fort Oglethorpe, Georgia or the Catoosa County Sheriff.
Police Department of Fort Oglethorpe, Georgia
900 City Hall Dr
Fort Oglethorpe, GA 30742
Telephone: (706) 866-2512
Catoosa County Sheriff
5842 US-41
Ringgold, GA 30736
Telephone: (706) 935-2424
Catoosa County District Attorney’s Office
7694 Nashville St
Ringgold, GA 30736
Telephone: (706) 965-9055
Find another facility for your loved one.
If your loved one has suffered from neglect or abuse, then it is in your best interest to find a better facility. It could be both difficult and time consuming to find a better nursing home. You should conduct walkthroughs and ask plenty of questions when looking for a potential new home for your loved one. Another tool you should use in your search is the Nursing Home Compare website which is operated by the United States Centers for Medicare and Medicaid Services (CMS). This site has ratings for nursing homes all around the country.
Click here to go to the Nursing Home Compare Website.
For your convenience, a list of all the nursing homes located in Fort Oglethorpe, Georgia is located below, plus relevant information for each.
Get the medical records from the hospital and the nursing home.
If nursing home neglect or abuse has occurred and your loved one has been injured as a result of it, then you need to view or obtain their medical records as soon as possible. Nursing homes will stop at nothing to place the blame on the resident. If your loved one suffered a broken bone from a slip and fall that was clearly the result of negligence from the nursing home, the nursing home will try to place the blame on your loved one by claiming the bone was already broken.
To build your loved one’s case, you’ll need their medical records. The medical records will show who the physician was, as well as information on the hospital visit. The nursing home itself will also have medical records that you need to obtain, as those might show signs of negligence from the nursing home.
To get a hold of those records, you will need to first have the proper written authorization, due to State and Federal privacy laws. The written authorization will usually come in the form of a power of attorney, a healthcare directive, or guardianship paperwork.
If your loved one suffered an injury at a Fort Oglethorpe nursing home, then chances are their medical records will be at one of the hospitals listed below. Once you’ve obtained the proper written authorization, your next step will need to be to make a request to the Release of Information Department of the hospital, which are listed below.
- American Family Care Fort Oglethorpe: (706) 214-2930
- Med First Immediate Care Medical: (706) 861-2700
Begin the probate process if your loved one has passed away.
If your loved one has passed away, their right to claim is still valid. A deceased person’s right to purse their claim is handed over to the Estate. For example, the plaintiff of the lawsuit goes from being “Jane Doe” to “The Estate of Jane Doe”. In order for a suit to proceed, the Estate must first be established. In order to create the Estate, the surviving spouse or relative will need to petition the Probate Court of the County in which the deceased has passed.
If you’re currently in this predicament, you need to setup an Estate as soon as possible. You’ll also need to appoint a representative who is often called an Executor or Administrator. This representative will act on behalf of the Estate, and will make all the decisions with regards to the lawsuit.
Click here for the Probate Court of Catoosa County.
Catoosa County Probate Court
875 Lafayette St, Ste. 104
Ringgold, GA 30736
Fort Oglethorpe Nursing Home Abuse Lawyer Near Me (678) 823-7678
Nursing Homes in Fort Oglethorpe, Georgia
There are no two nursing homes alike in the state of Georgia. Each have their own differences. Below is a list of the nursing homes in Fort Oglethorpe, Georgia, along with relevant information for each. This information is taken from CMS’ Nursing Home Compare Website.
| PruittHealth – Fort Oglethorpe 1067 Battlefield Parkway Fort Oglethorpe, GA 30742 | Overall Rating: 3 out of 5 (Average) Number of Beds: 120 Number of Residents: 106 RN hours per resident per day: 25min (GA Avg: 34min) |
| Health Inspection Rating: 3 out of 5 (Average) Staff Rating: 2 out of 5 (Below Average) Quality Measure Rating: 2 out of 5 (Below Average) Most Recent Health Inspection Date: 09-08-2017 Number of Health Citations: 3 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 1 Federal fines in previous 3 years: 0 | |
| NHC Healthcare – Ft Oglethorpe 2403 Battlefield Parkway Fort Oglethorpe, GA 30742 | Overall Rating: 4 out of 5 (Above Average) Number of Beds: 135 Number of Residents: 123 RN hours per resident per day: 18min (GA Avg: 34min) |
| Health Inspection Rating: 4 out of 5 (Above Average) Staff Rating: 1 out of 5 (Much Below Average) Quality Measure Rating: 5 out of 5 (Much Above Average) Most Recent Health Inspection Date: 04-27-2017 Number of Health Citations: 2 Average Number of Health Citations in Georgia: 3.2 Number of Complaints in previous 3 years resulting in citation: 0 Federal fines in previous 3 years: 0 | |
Click to contact our nursing home abuse lawyers today
Why Choose Schenk Smith as your Nursing Home Lawyers?
When you search for an attorney, you’ll see that there are many to choose from. We understand that you have options. But we would like for you to consider us as the best option. Below are a couple of reasons why we feel we’d be a great fit to represent you and your loved one’s:
- Dedicated Practice: Our practice focuses solely on nursing home cases where residents have been neglected or abused. Our firm practices no other form of law. We are dedicated in our practice. Our website was designed strictly to support residents in their pursuits of legal action. We have over 200 videos, a podcast, and a blog that are all dedicated in aiding you in your efforts against neglect and abuse.
- Top Notch Reviews: Our attorneys have been selected as Georgia Super Lawyer Rising Stars. We are also the best Google reviewed law firm in Georgia that focuses on nursing home cases. If that’s not enough for you, then check out our great client testimonials.
- Personalized Approach: Our clients often tell us that we feel like family. Focusing on one area allows us to cater all of our skills and tools strictly towards nursing home cases. We are selective with the cases we choose, but we offer free consultations. When do choose cases to represent, we do so ready and willing to see it through trial. Our experience and skills has helped us recoup millions in verdicts and settlements for our clients in the past two years.
If your loved one was injured or died in a Fort Oglethorpe, Georgia nursing home, please call us at Schenk Smith (678) 823-7678 for a free consultation. You can also check out hundreds of video FAQs on our website.
Call or text (678) 823-7678 or complete a Free Case Evaluation form